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Wednesday, January 24, 2018

New Health Care Liability Action Opinion: Intentional Acts Are Not Covered by the Tennessee Health Care Liability Act ("THCLA"); Negligent Training and Supervision Claims Are Covered by the THCLA; and If wrongful Acts Fall Within the Common-knowledge Exception to Expert Testimony No Certificate of Good Faith Is Required to Be Filed

The Tennessee Court of Appeals just issued it opinion in C.D. v. Keystone Continuum, LLC, No. E2016-02528-COA-R3-CV (Tenn. Ct. App. Jan. 22, 2018). The syllabus from the slip opinion states as follows:

The plaintiff, C.D., a minor, was a resident of Mountain Youth Academy, a trauma focused
residential treatment facility,1 when he got into a physical altercation with an
employee of the defendant Keystone Continuum, LLC doing business as Mountain Youth
Academy. The employee, Jacob Spencer, is described by the defendant as a “mental
health associate.” The plaintiffs describe him as a “third shift night guard.” The minor’s
mother filed this action, proceeding both individually and on behalf of her son. The
complaint alleges, among other things, that Spencer pulled the minor plaintiff to the
ground and stomped on his foot, causing him injury. Defendant moved to dismiss and/or
for summary judgment, arguing that the complaint in this case alleges health care liability
claims. Defendant argued that because of plaintiffs’ (1) failure to provide pre-suit notice
under the Tennessee Health Care Liability Act (the THCLA), Tenn. Code Ann. § 29-26-
121 (Supp. 2017), and (2) their failure to file a certificate of good faith with the
complaint, id. § 29-26-122, the lawsuit should be dismissed with prejudice. The trial
court held that plaintiffs’ claims sounded in health care liability. It dismissed the
mother’s action with prejudice. The court also dismissed the minor’s action, but did so
without prejudice.2
Defendant appeals, arguing that the minor’s action should have been
dismissed with prejudice. The plaintiffs also present issues. They argue that the trial
court erred in ruling that their claims are based upon health care liability. Additionally
and alternatively, plaintiffs argue that their claims fall within the “common knowledge”
exception to the general requirement of expert testimony in a health care liability action.
We hold that plaintiffs’ claims for assault and battery are unrelated to the provision of, or failure to provide, health care services. As a consequence of this, we hold that the
plaintiffs’ assault and battery claims do not fall within the ambit of a “health care liability
action” as defined by the statute. We further hold that plaintiffs’ direct claims against the
defendant, for negligent supervision and/or training of its employees, are health care
liability claims but ones involving matters that ordinary laypersons will be able to assess
by their common knowledge. Hence, expert medical testimony is not required. The trial
court’s judgment dismissing the plaintiffs’ claims for assault and battery is vacated. We
further hold that mother’s failure to provide the defendant with pre-suit notice mandates a
dismissal of her claim for negligent supervision and/or training, but that dismissal should
have been without prejudice rather than with prejudice. Accordingly, the trial court’s
judgment on this part of mother’s claim is modified to reflect that the dismissal is without
prejudice. We affirm the trial court’s judgment dismissing the minor’s claim of negligent
supervision and/or training and further affirm the trial court’s judgment that this dismissal
is without prejudice.